Alliance Projects v. Palm Flat Owners Welfare Association

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.No.2400 of 2023 Alliance Projects, Rep. by its Managing Director, No.36/1, Gandhi Mandapam Road, Kotturpuram Road, Chennai - 600 085.

... Appellant(s) Vs.

1. Palm Flat Owners Welfare Association, Rep. by its Secretary Mr.B.Sukumar, Having its Registered Office at Palm Block, Alliance Orchid Springs, No.54, Canal Road, Korattur, Chennai - 600 076.

2. The Chief Electrical Inspector to Government of Tamil Nadu, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600 032.

3. The Electrical Inspector, Ambattur Division, Madras Thiruvallur High Road, Ishwarya Nagar, Ambattur, Chennai - 600 053.

4. M/s. Fujitee India Private Limited, Rep. by its Managing Director, 52, First Cross Road, 8th Avenue, Mahindra World City, Chennai - 603 002.

5. The Inspector of Police, Korattur Police Station, Chennai ... Respondent(s) Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 05.01.2023 passed in W.P.No.151 of 2023. For Appellant(s) : Mr.E.Hariharan For R1 & R2 : Mr.D.Udhayasuriyan For R3 & R5 : Mr.D.Ravichander, Special Government Pleader For R4 : Mr.A.Narayanan

J U D G M E N T

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The dispute raised in the lis on hand is between the residential plot owners' association and the builder regarding maintenance of lifts in the flats.

2. Such inter-se dispute between the builder and plot owners cannot be resolved in a writ proceedings under Article 226 of the Constitution of India.

3. The writ court has also made a finding to that effect and granted liberty to the appellants to work out their remedy in the manner known to law. It is unnecessary for this court to substitute the said view taken by the writ court, which is in consonance with the settled principles of law.

4. While confirming the writ order, the appellants are granted liberty to approach the competent forum to redress their grievances in the manner known to law. Accordingly, the writ appeal stands disposed of. No costs.

(S.M.S.,J.) (C.S.N.,J.) 02.09.2025 skr Index : Yes / No Speaking order / Non-speaking order To

1. Palm Flat Owners Welfare Association, Rep. by its Secretary Mr.B.Sukumar, Having its Registered Office at Palm Block, Alliance Orchid Springs, No.54, Canal Road, Korattur, Chennai - 600 076.

2. The Chief Electrical Inspector to Government of Tamil Nadu, Thiru-Vi-Ka Industrial Estate, Guindy,

Chennai - 600 032.

3. The Electrical Inspector, Ambattur Division, Madras Thiruvallur High Road, Ishwarya Nagar, Ambattur, Chennai - 600 053.

4. Managing Director,M/s. Fujitee India Private Limited, 52, First Cross Road, 8th Avenue, Mahindra World City, Chennai - 603 002.

5. The Inspector of Police, Korattur Police Station, Chennai

S.M.SUBRAMANIAM, J.

and C.SARAVANAN, J.

skr 02.09.2025